Credit card debt after divorce

Credit card debt after divorce. Divorce and marriage are very common things in life. Divorce has become a common choice in mass marriages. "If you get together, you get together, if you don't get along, you separate" has become the family concept of most couples. It is modern people's responsibility to stop losses in time. The Way of Marriage. Here’s a look at credit card balances after divorce. Credit card debt after divorce 1

It depends on the specific situation. If the credit card debt is a joint debt between husband and wife, both parties still need to repay it jointly after divorce. If it is a personal debt, the party who owes the debt is solely responsible for repayment. Debts borne by one spouse in his or her own name for the daily needs of the family during the marriage.

If a creditor claims rights on the grounds that the debt belongs to the same couple, the People's Court shall support it. Article 1064 of the Civil Code: Debts borne by both spouses with the same signature or with subsequent ratification by one spouse, etc., as well as debts incurred by one spouse in his/her name for the family during the marriage. Debt incurred for daily needs.

It belongs to the same debt of husband and wife. Debts borne by one spouse in his or her own name beyond the daily needs of the family during the marriage are not joint debts of the couple; however, the creditor can prove that the debt is used for the couple's daily life and production. Exceptions are made for business operations or based on the consent of both spouses.

Credit card debts should be handled according to the actual situation. When divorcing by agreement, both parties can make an agreement on the creditor's rights and debts, but this agreement shall not be against a bona fide third party. Unless the third party knows that the debt is a personal debt of one party.

Paragraph 3 of Article 1065 of the Civil Code (effective from January 1, 2021) stipulates: “The husband and wife’s income during the marriage relationship shall If the property of a husband or wife is stipulated to be owned by each other, if the third party knows the agreement, the debts borne by either husband or wife shall be paid with the property owned by the husband or wife. ”

Article 2 of the Interpretation of the Marriage Law. Article 24 If a creditor claims rights against debts borne by one spouse in his or her own name during the marriage, they shall be treated as joint debts between husband and wife. However, this is except where one spouse can prove that the creditor and debtor have clearly agreed that the debt is a personal debt, or can prove that it falls under the circumstances specified in paragraph 3 of Article 19 of the Marriage Law.

Article 25 of the "Interpretation II of the Marriage Law" stipulates: "If the divorce agreement of the parties or the judgment, ruling, or mediation letter of the people's court has dealt with the issue of division of marital property, the creditor still has the right to The husband and wife claim rights against both men and women for the same debt. After one party assumes joint and several liability for the debt, the people's court shall support it based on the divorce agreement or the legal document of the people's court. Arrears 2

1. How to deal with divorce credit card debt

1. It depends on whether the divorce credit card debt is a joint debt of husband and wife or an individual debt.

2. Debts owed in the name of one party during the marriage relationship should, in principle, be deemed as joint debts of both husband and wife (except for illegal debts, gambling debts or debts owed for engaging in illegal and criminal activities). Not protected by law, or should be borne by the debtor alone) should be repaid jointly by the husband and wife.

However, if one spouse can prove that the debt is indeed the debtor’s personal debt, then the parties to the marriage who do not owe the debt can resist the creditor’s request. There are two main situations in which personal debts fall: one is when the creditor and the debtor clearly agree that the debt is a personal debt;

The other is when it falls under Item 3 of Article 1065 of the Civil Code stipulated circumstances. Paragraph 3 of Article 1065 of the Civil Code stipulates, “If a husband and wife agree that the property acquired during the marriage shall be owned by each other, and the debts borne by either husband or wife to external parties, if a third party becomes aware of the agreement, shall The property owned by either husband or wife must be paid off.”

If it is determined to be a marital debt and the borrower cannot prove that the money was used for the couple’s living together, the repaying party can sue separately to require the borrower to repay the money.

2. What should be paid attention to when divorced by couples?

1. When both parties divorce, the debts of *** that have expired should be transferred to the property of *** repay. ***The remaining portion after paying off debts with the property shall be divided between the parties. In this case, the joint debt of the husband and wife is extinguished by settlement.

2. If the property of both parties is insufficient to pay off the debt, or the property belongs to each of them, or the debts of the party that have not yet matured at the time of divorce are unwilling to be paid off in advance, the parties shall reach an agreement. Determine the share of the same debt that each party should bear. In this case.

Except for being approved by the creditors and exempting them from joint and several liability, the debt settlement agreement between the two parties only has internal effect. It is only an agreement between the two parties on their respective share of the debt, and does not have any external effect. After divorce, for creditors, the debt is still a joint debt, and the creditor still has the right to claim rights against both the man and the woman for the husband and wife's joint debt.

3. If the two parties fail to reach an agreement, the People's Court shall make a decision. Based on the economic status and financial capabilities of both parties and the principle of taking care of the woman and directly raising the children, the court will decide that both parties should bear the debts in a certain proportion or let the party with stronger financial capabilities bear the debts alone. In this case, the court's decision determines the parties' respective shares of the debt.

It only has internal effect, and it cannot be considered that the court’s judgment has the final power to change joint and several debts into debts in shares. If the People's Court's judgment, ruling, or mediation document has dealt with the marital issue, the creditor still has the right to claim rights against both the man and the woman for the husband and wife's joint debt.

4. After one party assumes joint and several liability for repaying the same debt, it has the right to claim compensation from the other party based on the divorce agreement or the legal documents of the people's court. After divorce, if one party pays off the payment in excess of his/her share, the other party is exempted from liability to creditors and has the right to request repayment of their respective share from the other party. This is the right of claim among joint and several debtors.

In summary, if the divorced credit card debt is a joint debt of the husband and wife, then it should be repaid by both husband and wife; if the divorced credit card debt is an individual debt, then it should be borne by the debtor alone. Credit card debt after divorce 3

1. How to deal with the credit card debt of one spouse after divorce

Regarding the issue of how to pay off credit card debt during divorce, we must first distinguish whether the credit card debt belongs to the couple** *Same debt or individual debt of the couple. If the debt is shared by both husband and wife, the debt must be repaid jointly by both husband and wife. If it is a personal debt, it must be borne by the individual himself.

If the credit card consumption occurs during the existence of the couple and is not specifically stated to be a personal debt, it shall be deemed to be a joint debt of the couple. However, in reality, there are many cases where an individual opens a credit card without the other party knowing about it. It is inevitably rash to directly identify the property as joint property of husband and wife.

2. Methods to determine whether a credit card debt is a marital debt

1. In judicial practice, when determining that a credit card debt is a joint debt of a husband and wife, the main factors that the court considers are " "Whether credit card consumption is mainly used for the family's daily life?" If it is used for the family's daily life, it should be considered as a debt;

2. Secondly, it is claimed that the credit card debt is a * **The burden of proof on the same debtor: Only when there are real consumption records, relevant original evidence, the consumption comes from the credit card, and the authenticity, legality, and relevance of the evidence are all available, can it be sufficient to prove that the credit card debt is for the couple. ***Same debt. With the continuous development of various consumption methods, parties must pay attention to the preservation and collection of evidence, otherwise they will bear the adverse consequences of being unable to produce evidence.

We need to remind everyone that although the repayer of a credit card debt can be defined, the bad credit record caused by an overdue credit card will only be recorded in the name of the cardholder. During the relationship between husband and wife, the bad credit record of one spouse due to overdue credit cards will also have an impact on the other spouse's application for loans.

For example, if the husband has a bad credit record due to an overdue credit card, the wife’s application for a mortgage in her own name will also be affected, and the loan may even be rejected. But after breaking away from the relationship between husband and wife, the negative impact on the other party will be eliminated accordingly.

3. Tips for handling creditor’s rights and debts during divorce

1. Handling of creditor’s rights during divorce

During the marriage, one of the spouses or The creditor's rights obtained by both parties are deemed to be the joint property of husband and wife. When divorcing, the joint property of husband and wife, including creditor's rights, shall be handled by agreement between the two parties; if an agreement cannot be reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking into account the rights and interests of the woman and her children.

2. Handling of divorce debts

Debts incurred by husband and wife while living together must be repaid jointly. If a husband and wife have the same debt, both parties have equal rights to repay it.

For the settlement of the joint debts of husband and wife, both parties can reach a consensus through negotiation based on their respective actual affordability and financial resources. It is agreed that both spouses will agree on their respective responsibilities and repayment dates, or one of them will be responsible for the settlement. All paid off. If negotiation fails, a lawsuit can be filed with the People's Court, which will make a decision.

When a creditor claims its rights, neither the original couple can refuse to be involved in the debt based on the debt sharing agreement reached by the two parties at the time of divorce or the proportion of the debt determined by the court. When one party has paid off all debts, it has the right to collect debts from the other party.